NATHULAL NAG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M. Ahmed, learned Counsel who has been appointed today as Amicus Curiae in place of Mr. D. Agarwal, the earlier appointed Amicus Curiae who found to be absent when the matter is taken up for hearing. Also heard Mr. K.C. Mahanta, learned Public Prosecutor, Assam.

(2.) The appellant was found guilty for the offence committed under section 302 Indian Penal Code for the offence of killing one Gonesh Nayak (hereinafter referred to as, 'the deceased') by cut blow with a 'dao' at about 3.30 p.m. on 17.9.1995 and accordingly convicted under section 302 Indian Penal Code and sentenced to undergo rigorous imprisonment (for short, 'R.I.') for life and to pay fine of Rs. 1,00in default, further R.I. for another six months by the learned Additional Session Judge, No. 2, Sivasagar vide judgment and order dated 5.11.2003 rendered in Sessions Case No. 46 (S - C)/02.

(3.) Out of eight witnesses so examined by the prosecution to support its case, P.W. 2 (Lal Das), P.W. 3 (Sadhu Das Panika), P.W. 4 (Bimal Lohar), P.W. 5 (Mangu Goala) and P.W. 6 (Lokshan Chaura) were examined as eye - witnesses.